Raising children with a former partner after a separation or divorce is not always straightforward. While you both have their best interests at heart, you might not always agree on what this means. When parents disagree over issues such as relocation, schooling or moving overseas, you may need some help from the courts in deciding how matters will be dealt with.
A Prohibited Steps Order can be used to stop a parent or other family member from taking a particular action in respect of a child.
At Heringtons Solicitors, our family law team routinely deal with parenting disputes and applying for a Prohibited Steps Order. We can advise you of the options open to you and work to find an acceptable solution. Where necessary, we can represent you in requesting or challenging a Prohibited Steps Order.
We have in-depth experience of dealing with arrangements for children and we are often able to help our clients find a solution out of court. Where this is not possible, we will prepare a strong case on your behalf and work tirelessly to secure the best outcome for your family.
Our services include:
- Helping you resolve matters by way of alternative dispute resolution
- Applying for or opposing an application for a Prohibited Steps Order
- Emergency advice and applications
- Advice and representation for enforcing a Prohibited Steps Order
For more information in respect of our related services, see our child arrangements page.
Get in touch with our friendly, experienced family law solicitors.
For advice in respect of Prohibited Steps Orders, contact our family law solicitors in East Sussex. You can contact us at our offices in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Or fill in our online enquiry form and we will be in touch shortly.
How we can help with Prohibited Steps Orders
Alternative dispute resolution
Wherever possible, the courts prefer that issues regarding children are resolved between parents without the need for court intervention. We can represent you in negotiations and, where these are not successful, we can work with you through alternative dispute resolution.
This is a less contentious method of dealing with disagreements than litigation and includes options such as mediation and collaborative law. A third party will work with you and your child’s other parent to help you explore how issues could be resolved.
Applying for or defending an application for a Prohibited Steps Order
If it is not possible to agree on a solution, it may be necessary to apply to the court for a Prohibited Steps Order or to oppose an application made by your child’s other parent.
We will put together a strong case on your behalf and work to secure the right result for you and your child.
Emergency advice and applications
In some cases, an emergency Prohibited Steps Order may be needed. We can take immediate action to protect your family and, where appropriate, make an emergency application to the court.
Advice and representation for enforcing a Prohibited Steps Order
If a Prohibited Steps Order has been breached by your child’s other parent, we can take steps to enforce it, to include asking the court to take action. The court has a range of options open to it, including making a new order on different terms, ordering that a child lives with a particular parent or requiring the child’s passport to be surrendered to prevent them from being taken overseas.
Frequently asked questions about Prohibited Steps Orders
What is a Prohibited Steps Order?
A Prohibited Steps Order is an order of the court preventing someone, usually a child’s parent, from doing something relating to the child.
Examples of action that could be prevented include:
- Moving overseas with a child
- Changing a child’s school
- Changing a child’s name
- Consenting to medical treatment
- Contact with a particular individual, for example, a new partner
Who can apply for a Prohibited Steps Order?
Anyone with parental responsibility can apply for a Prohibited Steps Order. This is generally a parent, but could also include a guardian or a stepparent who has been granted parental responsibility.
What are the requirements for a Prohibited Steps Order?
A Prohibited Steps Order can be requested by someone with parental responsibility provided that the child is 16 or under and not in the care of the local authority. For an emergency Prohibited Steps Order to be granted, there will need to be strong evidence of an imminent threat.
Why would a Prohibited Steps Order be granted?
The court will make a Prohibited Steps Order if it considers this to be in the best interests of the child. In deciding this, it will take into account the welfare checklist, as follows:
- The wishes and feelings of the child, taking into account their age and understanding
- The child’s physical, emotional and educational needs
- The likely effect on the child of any change in circumstances
- The child’s age, sex, background and any other relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
- The range of powers available to the court
How long do Prohibited Steps Orders last?
The court will decide when making a Prohibited Steps Order how long it should last. It could be linked to something that is taking place, for example, schooling, or the order may specify for how long it will take effect. This type of order is often put in place for six or twelve months. It will not generally go beyond the child’s 16th birthday.
Can a Prohibited Steps Order be challenged?
If your child’s other parent has applied for a Prohibited Steps Order, it is open to you to oppose this. If an emergency Prohibited Steps Order has been made and you were not given notice of this, there will be a hearing giving you the opportunity to put your case to the court.
Do you have to pay for a Prohibited Steps Order?
To apply for a Prohibited Steps Order, your solicitor will complete a C100 form. This is sent to the court with the court fee of £232.
Can a Prohibited Steps Order stop me from moving?
A Prohibited Steps Order can be made to prevent you from moving your child, if the court considers that this is in their best interests. A Prohibited Steps Order cannot prevent you from moving without your child.
How do you get an emergency Prohibited Steps Order?
To obtain an emergency Prohibited Steps Order, you will need to provide strong evidence of an imminent threat. If the court is satisfied that it is necessary to make an order to protect your child, it can do so without advising your child’s other parent.
There would then be a return hearing at which the other parent would have the opportunity to put their case forward.
Can a Prohibited Steps Order prevent a child from moving abroad?
A Prohibited Steps Order can prevent a child from being moved abroad. The court will consider the points on the welfare checklist in reaching a decision as to whether or not to make an order stopping the move.
What happens if you break a Prohibited Steps Order?
If a Prohibited Steps Order is breached, this is contempt of court and there are a range of penalties open to the court, including ordering the person in breach to undertake unpaid work.
The other parent can apply to the court for the order to be enforced. You are strongly advised to speak to a solicitor if a Prohibited Steps Order is breached, particularly if the issue is time sensitive and an emergency application might be needed. If you ask us to deal with the matter, we will take prompt action on your behalf and ask the court to take steps to enforce the terms of the order without delay.
Get in touch with our friendly, experienced family law solicitors
For advice and representation in respect of Prohibited Steps Orders, contact our family law solicitors in East Sussex. You can contact us at our offices in Battle, Bexhill on Sea, Eastbourne, Hastings or Rye.
Or fill in our online enquiry form and we will be in touch shortly.